The Ley de Memoria Democrática (Democratic Memory Law) enabled thousands of descendants of Spaniards to acquire Spanish nationality and reconnect with their Spanish heritage.
However, many adult children of those who successfully obtained Spanish nationality under this law were unable to submit their own applications before the deadline.
If your parent acquired Spanish nationality as a Spanish citizen of origin under the Democratic Memory Law, you may still have a route to Spain.
Under Article 94.1.h of the Reglamento de Extranjería, children of a person who is or has been a Spanish citizen of origin may be eligible to apply for a five-year residence permit in Spain.
A different route from the Democratic Memory Law
This residence permit is separate from the nationality process under the Democratic Memory Law. It is designed for a specific category of applicants: children of Spanish citizens of origin.
Unlike many family-based immigration routes, this residence permit is not based on economic dependency or cohabitation. The legal basis is simply the family relationship between the applicant and a parent who is or has been a Spanish citizen of origin.
Who may be eligible?
This route may be available if:
- your parent obtained Spanish nationality under the Ley de Memoria Democrática;
- your parent acquired Spanish nationality as a Spanish citizen of origin;
- you are their child and can prove the parent-child relationship; and
- you did not obtain Spanish nationality under the Democratic Memory Law.
Eligibility will be assessed on a case-by-case basis.
Frequently Asked Questions
- Why is “Spanish citizen of origin” status important?
Spanish nationality can be acquired in different ways, and not all have the same legal consequences. Article 94.1.h specifically applies to children of persons who are or have been Spanish citizens of origin. Confirming how your parent acquired Spanish nationality is therefore one of the first issues to consider.
- Do I need to prove financial dependency or live with my parent?
No. This residence permit does not require you to demonstrate economic dependency or cohabitation with your Spanish parent. Eligibility is based on the family relationship itself.
- Does my Spanish parent need to live in Spain?
No. Your parent may live in Spain or abroad. The possibility of applying depends on your relationship with a Spanish citizen of origin, not on your parent’s country of residence.
- I missed the Democratic Memory Law deadline. Does that mean I cannot move to Spain?
Not necessarily. Although the nationality application period has ended, Article 94.1.h of the Reglamento de Extranjería may provide an alternative residence permit route for qualifying children of Spanish citizens of origin.
- Does my parent’s Spanish nationality automatically make me eligible?
No. Each application must be assessed individually. Among other things, it is necessary to consider:
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- how your parent acquired Spanish nationality;
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- whether they are a Spanish citizen of origin;
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- whether you can prove the parent-child relationship; and
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- whether you satisfy the requirements of Article 94.1.h.
- Can I later apply for Spanish nationality?
A residence permit does not automatically confer Spanish nationality. However, lawful residence in Spain may become relevant when considering future nationality options, depending on your individual circumstances and the applicable residence requirements under Spanish nationality law.
Why professional advice is important
The relationship between the Democratic Memory Law and the Spanish immigration rules is not always straightforward.
Whether this residence permit is available depends not only on your family relationship but also on the legal basis upon which your parent acquired Spanish nationality and whether your circumstances fall within Article 94.1.h of the Reglamento de Extranjería.
A professional assessment before applying can help identify the correct route and ensure that the necessary supporting documentation is provided.
Important notice
This article provides general information about the residence permit available under Article 94.1.h of the Reglamento de Extranjería. Eligibility depends on the individual circumstances of each applicant and the manner in which the parent acquired Spanish nationality. This article does not constitute legal advice.
Contact:
Scornik Gerstein LLP
☎ +44 20 7831 7070